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Passport and Residence Controls in the Soviet Union

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Passport and Residence Controls in the Soviet Union THE NATIONAL COUNCIL FOR SOVIET AND EAST EUROPEAN RESEARC H TITLE : Passport and Residence Control s in the Soviet Unio n AUTHOR : Mervyn Matthew s CONTRACTOR : The President and Fellows of Harvard Colleg e PRINCIPAL INVESTIGATOR : Alexander M. Nekrich Mervyn Matthews COUNCIL CONTRACT NUMBER : 804-05 DATE: March 199 1 The work leading to this report was supported by funds provided by the National Council for Soviet and Eas t European Research. The analysis and interpretations contained in the report are those of the author . EXECUTIVE SURVE Y 1. The system of passports and residence control in the USSR remains basically as onerou s and complex as it was when established nearly six decades years ago . Extensive criticis m through glasnost', and discussion in a USSR Supreme Soviet committee have brought little substantive change. The system can still be used, as in the thirties, for purposes of political control and oppression. Despite its obvious economic and social disadvantages, intensificatio n of nation-wide problems make its removal or liberalization unlikely . 2. Internal passports and "propiska" (the system for registering and regulating residence) have existed in the USSR since December, 1932, while the current statute dates back t o August, 1974 . Three other important documentary systems may be distinguished, - th e work-book (trudovaya kniga), the military service card (voenny bilet), and the foreig n passport, but these lie outside the scope of our investigation, and are mentioned only when relevant . 3. As a consequence of the removal of censorship, long-suppressed feelings of disconten t were expressed, particularly with regard to propiska, though the passport was also criticized . The propiska system, it was said, (a) had never been properly legislated (b) had n o constitutional basis, and (c) contradicted international human rights agreements to which th e USSR had become a party . The system was occasionally defended by representatives of th e bureaucracy . 4. The administrative linkage of passport, propiska, accommodation and employment cause d or exacerbated many social problems, including : homelessness, vagabondism, recidivism , fictitious marriage, bribery, uneconomic use of housing, and unemployment . It also caused a great deal of personal inconvenience . 5. In May, 1990, as a result of public concern, the propiska problem went onto the agend a of the Committee for Constitutional Supervision of the USSR Supreme Soviet . On the 26th October the Committee's main findings were published in the form of a Conclusion . 6. The principal findings were : (a) the "registrational" functions of the system did not contradict generally accepted international norms ; (b) its "regulatory" functions did, because they involved the need to obtain residence permission, and restricted the basic rights o f Soviet citizens (to movement, employment and education in localities outside their place o f abode) ; (c) the system should be changed from one of regulation to one of registration only ; (d) this was currently impossible on account of employment and housing difficulties; (e) change could only take place in stages, together with the formation of labor and housin g markets . 7. The Committee itself proclaimed only a few marginal changes . A few weeks before, however, in apparent anticipation of these findings, the USSR Council of Ministers decree d that all propiska regulations were to be made public, and restrictions on some relatively small categories of citizens were to be eased . It is noteworthy that other legislative change s effected under Gorbachev had been relatively minor . 8. With regard to legislative change at the all-union level, therefore, a plateau seems to hav e been reached, and it is unlikely that the matter will be reconsidered for some time . The current turbulence and apparent reversion to more authoritarian rule may well dissuad e legislators from dismantling yet another familiar state institution . 9. Both passport and propiska have recently been bolstered by other factors . The deteriorating food situation through 1990 promoted rationing which seemed to be almos t exclusively residence-based ; irredentist tendencies in non-Russian areas favored the use o f passports and residence documents to protect ethnic identity ; and surveys of public opinio n showed that although propiska was generally unpopular, it still enjoyed support among olde r ii people and in less favored social groups . The May, 1990 law on Soviet citizenship attribute d a central place to the internal passport . 10. Nevertheless, the pressures for liberalization have not disappeared . Two draft constitutions for the RSFSR published in November, 1990 embodied clauses guaranteein g freedom of movement and residence . In Lithuania, which has proceeded furthest in the legislative sphere, both the passport and propiska have been retained, together with militar y service; propiska, however, is to be registrational only, and labor service may be substitute d for military service. Such a pattern may well be followed in other republics, should they achieve a degree of independence . The status of republican laws is still in dispute . 11. Soviet commentators may not have fully grasped at least three problems which are likel y to worsen if propiska regulations are not eased . The first is the imminent wave o f unemployment ; residence restrictions can only inhibit the functioning of the labor market . Secondly, there is the proposed development of the private sector of the economy, whic h must demand greater locational freedom . Thirdly, more contact with the west (if foreig n travel becomes a reality) can only increase dissatisfaction with restrictions at home . Many people already believe that procedures are simpler in other countries . 12. The maintenance of the passport and propiska system involves (according to our very approximate estimates) something in the order of sixty million bureaucratic operations a year , many quite complex and requiring extra documentation . The developments mentioned in th e first part of paragraph nine above must inevitably entail a big increase in this load . Few people in the west understand the administrative problems involved in changing one's place of residence in the USSR . For the Soviet citizen, the formalities are time-consuming an d irritating . 13. The administration has been shouldered since 1932 by a double bureaucracy . All housing offices have passport clerks who are responsible for registering residence, departure, an d issuing various certificates. The militia also has a hierarchy of offices which have final iii responsibility for the observance of regulations, and which oversee the passport desks i n housing offices. Both sectors of the bureaucracy offer poorly paid and unprestigious wor k (except for ranking militia officers), and this may make staff more vulnerable to bribery. 14. It was not possible to arrive at any close estimates of violation or avoidance of th e regulations. However, the results of a small survey suggested that in the longer term a significant proportion of the population spends some weeks or months residing illegally ; the chances of getting caught are small . Although "malicious" violation of the rules may involv e imprisonment, the basic fine in 1990 was relatively small (ten rubles) and unlikely t o outweigh personal proclivities . The militia virtually ceased to arrest vagabonds . A large proportion of recorded violations involved such matters as loss of passport and failure t o update photographs . 15. It is difficult to comment on the efficiency of the system, as this seems to vary greatl y from one function to another. With the passing of widespread arrest, and subsequentl y "dissidence", it has hardly been needed for political control . We found, however, no evidence of dismantlement . Limiting the growth of large towns has remained a central aim o f propiska. Here it has probably been effective to some extent, but the impossibility o f measuring a situation of free growth (on the one hand) and total control (on the other ) prevent adequate measurement of its impact . The same can be said for urban housing an d employment patterns . 16. Finally, may we note that ever more information became available as our stud y advanced . This was, of course, highly advantageous for research, but the revelations wer e sometimes haphazard, and not easy to trace . We trust that no important data have bee n omitted, or inadequately interpreted, but crave the reader's indulgence should any suc h instances come to light . iv TABLE OF CONTENTS LEGAL AND HISTORICAL BACKGROUND 1 Legislation in the 'Thirties 1 Developments September, 1940-July, 1974 4 The 1974 Passport Statute 8 Some Legal Comment 9 LONG-STANDING SOCIAL PROBLEMS 1 2 Current Uses of the Passport 1 2 Homelessness and Vagabondism 1 4 Unavoidable Infringement of the Law 1 6 Employment, Training and Housing Difficulties 1 8 Fictitious Marriages 20 PUBLIC OPINION AND RESPONSE 22 (Data from Social Surveys) FORMAL BUREAUCRATIC PROCEDURES 29 The Main Categories of Migrants 29 Main-stream Registration Procedures 3 0 (i) Deregistration (vypiska) 3 0 (ii) Propiska 3 3 The Bureaucratic Workload 3 5 The Nature of the Bureaucracy 3 8 (i) Housing Offices 3 8 (ii) The Militia 4 1 Problems of Efficiency 43 MODIFICATIONS DURING THE GORBACHEV PERIOD 46 Legislative Consideration 46 Draft Constitutional Proposals 47 Glasnost' and Relief for Ex-Convicts 48 Relaxation of Registration Rules in Moscow 49 Hostel Accommodation for Young Marrieds 49 Absence for Employment Purposes 50 Internal Passports for Frontier Crossing 5 1 The "Nationality" Entry in the Passport 5 1 New Identity Cards for Rationing 52 Labor Books and Military Documentation 5 3 New Republican Legislation 54 FOOTNOTES 58 LEGAL AND HISTORICAL BACKGROUND Legislation in the 'Thirties The Soviet internal passport system, as it functioned in December, 1990, was establishe d by a decree of 27th December, 1932, and extended by numerous subsequent enactments. As might be expected, the system, at its introduction, was built on restrictive practices current i n the late twenties .
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